alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-6673

FRANK LEACH, JR.,

Petitioner - Appellant,

versus

ROBERT WARD, Warden of Evans Correctional Institution; CHARLES M. CONDON, Attorney General

of the State of South Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Spartanburg. Patrick Michael Duffy, District

Judge. (CA-00-301-7-23)

Submitted: August 28, 2001 Decided: September 20, 2001

Before WIDENER, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Frank Leach, Jr., Appellant Pro Se. Derrick K. McFarland, OFFICE

OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Frank Leach, Jr., seeks to appeal the district court’s order

denying relief on his petition filed under 28 U.S.C.A. § 2254 (West

1994 & Supp. 2000). We have reviewed the record and the district

court’s opinion and find no reversible error. Accordingly, we deny

a certificate of appealability and dismiss the appeal on the

reasoning of the district court. See Leach v. Ward, No. CA-00-301-

7-23 (D.S.C. Apr. 2, 2001). We dispense with oral argument because

the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional

process.

DISMISSED
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 20-1859

___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Timothy Jermaine Gunn, also known as Doh-Doh

lllllllllllllllllllllDefendant - Appellant

 ____________

Appeal from United States District Court 

for the Southern District of Iowa - Eastern

 ____________

 Submitted: November 3, 2020

Filed: November 6, 2020

[Unpublished]

____________

Before LOKEN, GRUENDER, and GRASZ, Circuit Judges. 

____________

PER CURIAM.

Timothy Gunn appeals the district court’s1 order denying his motions for relief

under the First Step Act of 2018 (FSA). See Pub. L. No. 115-391, 132 Stat. 5194. 

1The Honorable John A. Jarvey, Chief Judge, United States District Court for

the Southern District of Iowa.
The district court determined Gunn was eligible for relief under the FSA, but declined

to reduce his sentence.

In exercising its discretion to deny relief, the district court considered the

factors on which it based Gunn’s original sentence and concluded they outweighed

Gunn’s arguments in favor of a sentence reduction. We find no abuse of discretion

in the district court’s denial of relief. See United States v. McDonald, 944 F.3d 769,

771 (8th Cir. 2019) (standard of review). Accordingly, we affirm the judgment of the

district court, and grant counsel’s motion for leave to withdraw.

______________________________

-2-
II 

114TH CONGRESS 

1ST SESSION S. 1018 

To increase the penalties for fraudulent 9–1–1 calls that result in an 

emergency response from law enforcement agencies, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 21, 2015 

Mr. SCHUMER introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To increase the penalties for fraudulent 9–1–1 calls that 

result in an emergency response from law enforcement 

agencies, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Swatting Won’t be Ac5 cepted or Tolerated Act of 2015’’ or the ‘‘SWAT Act’’. 

6 SEC. 2. INCREASED PENALTIES. 

7 Part I of title 18, United States Code, is amended— 

8 (1) in section 1001— 

9 (A) in subsection (a), in the flush text fol10 lowing paragraph (3), by adding at the end the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
2 

•S 1018 IS

1 following: ‘‘If the offense involves a false, ficti2 tious, or fraudulent statement or representa3 tion, whether written or oral, to a Federal law 

4 enforcement agency that causes an emergency 

5 Federal law enforcement response, the term of 

6 imprisonment shall be not more than 8 years.’’; 

7 and 

8 (B) by adding at the end the following: 

9 ‘‘(d) REIMBURSEMENT.— 

10 ‘‘(1) IN GENERAL.—The court, in imposing a 

11 sentence on a defendant who has been convicted of 

12 an offense under subsection (a) that involves a false, 

13 fictitious, or fraudulent statement or representation, 

14 whether written or oral, to a Federal law enforce15 ment agency that causes an emergency Federal law 

16 enforcement response, shall order the defendant to 

17 reimburse any Federal, State, or local government 

18 incurring expenses incident to any law enforcement 

19 emergency or investigative response to that conduct, 

20 for those expenses up to $10,000. 

21 ‘‘(2) LIABILITY.—A person ordered to make re22 imbursement under this subsection shall be jointly 

23 and severally liable for such expenses with each 

24 other person, if any, who is ordered to make reimVerDate Sep 11 2014 21:50 Apr 28, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1018.IS S1018

asabaliauskas on DSK5VPTVN1PROD with BILLS
3 

•S 1018 IS

1 bursement under this subsection for the same ex2 penses. 

3 ‘‘(3) CIVIL JUDGMENT.—An order of reim4 bursement under this subsection shall, for the pur5 poses of enforcement, be treated as a civil judg6 ment.’’; and 

7 (2) in section 1038(c)(1), by— 

8 (A) striking ‘‘state or local’’ and inserting 

9 ‘‘Federal, State, or local’’; and 

10 (B) striking ‘‘fire or rescue service’’ and 

11 inserting ‘‘fire, rescue, or law enforcement serv12 ice’’. 

Æ 


asabaliauskas on DSK5VPTVN1PROD with BILLS
# C_2019187EN.01007702.xml

| 3.6.2019 | EN | Official Journal of the European Union | C 187/77 |
| --- | --- | --- | --- |

3.6.2019

EN

Official Journal of the European Union

C 187/77

---

Judgment of the General Court of 3 April 2019 — NSC Holding v EUIPO — Ibercondor (CONDOR SERVICE, NSC)

(Case T-468/18) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark CONDOR SERVICE, NSC - Earlier EU word mark IBERCONDOR - Relative ground for refusal - Likelihood of confusion - Relevant public - Similarity of the services - Similarity of the signs - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2019/C 187/83)

Language of the case: German

Parties

Applicant: NSC Holding GmbH & Cie. KG (Hamburg, Germany) (represented by: M. Eichhorst, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Söder, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Ibercondor, SA (Barcelona, Spain) (represented by: A. Canela Giménez, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 28 May 2018 (Case R 2440/2017-4) relating to opposition proceedings between Ibercondor Barcelona SA and NSC Holding.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders NSC Holding GmbH & Cie. KG to pay the costs. |
| --- | --- |

2.

Orders NSC Holding GmbH & Cie. KG to pay the costs.

---

(1)  OJ C 328, 17.9.2018.

---
# C_2020297EN.01001902.xml

| 7.9.2020 | EN | Official Journal of the European Union | C 297/19 |
| --- | --- | --- | --- |

7.9.2020

EN

Official Journal of the European Union

C 297/19

---

Judgment of the Court (Sixth Chamber) of 16 July 2020 (request for a preliminary ruling from the Augstākā tiesa (Senāts) — Latvia) — SIA ‘Soho Group’ v Patērētāju tiesību aizsardzības centrs

(Case C-686/19) (1)

(Reference for a preliminary ruling - Consumer protection - Credit agreements for consumers - Directive 2008/48/EC - Concept of ‘total cost of the credit to the consumer’ - Costs for extending the credit)

(2020/C 297/25)

Language of the case: Latvian

Referring court

Augstākā tiesa (Senāts)

Parties to the main proceedings

Applicant: SIA ‘Soho Group’

Defendant: Patērētāju tiesību aizsardzības centrs

Operative part of the judgment

The concept of the ‘total cost of the credit to the consumer’, contained in Article 3(g) of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC, must be interpreted as meaning that that concept includes the costs for any extension of the credit, provided that, first, the actual and precise conditions for its possible extension, including the duration of that extension, form part of the terms and conditions agreed between the creditor and the borrower in the credit agreement and, second, those costs are known to the creditor.

---

(1)  OJ C 399, 25.11.2019.

---
# C_2021128EN.01000301.xml

| 12.4.2021 | EN | Official Journal of the European Union | C 128/3 |
| --- | --- | --- | --- |

12.4.2021

EN

Official Journal of the European Union

C 128/3

---

Judgment of the Court (Second Chamber) of 10 February 2021 — RFA International LP v European Commission

(Case C-56/19 P) (1)

(Appeal - Dumping - Imports of ferro-silicon originating in Russia - Regulation (EC) No 1225/2009 - Article 11(9) and (10) - Rejection of applications for a refund of anti-dumping duties paid - Constructed export price - Assessment as to whether the anti-dumping duties have been reflected in the resale prices and subsequent selling prices in the European Union - Obligation to apply the same methodology as in the investigation which led to the imposition of the anti-dumping duty - Change in circumstances - Deduction of anti-dumping duties paid - Conclusive evidence)

(2021/C 128/03)

Language of the case: English

Parties

Appellant: RFA International LP (represented by: B. Evtimov, advokat, M. Krestiyanova and E. Borovikov, avocats, N. Tuominen, avocată, and D. O’Keeffe, Solicitor)

Other party to the proceedings: European Commission (represented by: J.-F. Brakeland, A. Demeneix and P. Němečková, and subsequently by J.-F. Brakeland and P. Němečková, acting as Agents)

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders RFA International LP to pay the costs. |
| --- | --- |

2.

Orders RFA International LP to pay the costs.

---

(1)  OJ C 155, 6.5.2019.

---
# C_2018134EN.01002201.xml

| 16.4.2018 | EN | Official Journal of the European Union | C 134/22 |
| --- | --- | --- | --- |

16.4.2018

EN

Official Journal of the European Union

C 134/22

---

Action brought on 30 January 2018 — Tassi v Court of Justice

(Case T-50/18)

(2018/C 134/30)

Language of the case: English

Parties

Parties

Applicant: Smaro Tassi (Berlin, Germany) (represented by: E. Kleani, lawyer)

Applicant:

Defendant: Court of Justice of European Union

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the decision of the Court of Justice of 23 November 2017 (reference 20173192) rejecting the applicant’s tender submitted in respect of the freelance translator contract notice 2017/S 002-001564 for the Greek language. |
| --- | --- |

—

annul the decision of the Court of Justice of 23 November 2017 (reference 20173192) rejecting the applicant’s tender submitted in respect of the freelance translator contract notice 2017/S 002-001564 for the Greek language.

Pleas in law and main arguments

Pleas in law and main arguments

In support of the action, the applicant maintains that the contested decision was not accompanied by either a determinate set of criteria establishing the quality level of translations requested in the tender procedure or any kind of a correction sheet or a comparative report which might substantiate why, in the defendant’s view, the test translation submitted by the applicant failed to attain the minimum benchmark required. The applicant argues, in that regard, that the contested decision was not properly reasoned and that the selection procedure lacked transparency.

---
Exhibit 32.1
                                                                    ------------

          CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Each of the undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as
adopted  pursuant  to  Section  906 of the Sarbanes-Oxley Act of 2002, that this
Quarterly  Report  on  Form  10-Q  for  the  quarter  ended March 31, 2008 fully
complies  with  the  requirements  of  Section  13(a) or 15(d) of the Securities
Exchange  Act  of 1934, as amended, and the information contained in such report
fairly  presents,  in all material respects, the financial condition and results
of  operations  of  the  Company.

This 12th day of May 2008.

/s/ R. Daniel Blanton
---------------------
R. Daniel Blanton
President &
Chief Executive Officer
(Principal executive officer)

/s/ Darrell R. Rains
--------------------
Darrell R. Rains
Group Vice President &
Chief Financial Officer
(Principal financial officer)
#### George H. WILEY, Plaintiff-Appellant, v. Gordon R. ENGLAND, United States Department of Navy, Defendant-Appellee.

No. 04-16376.

D.C. No. CV-02-03106-JSW.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 1, 2005.*

Decided Aug. 5, 2005.

George H. Wiley, Vallejo, CA, pro se.

Owen P. Martikan, USSF — Office of the U.S. Attorney, San Francisco, CA, for De~ fendant-Appellee.

Before O’SCANNLAIN, CALLAHAN, and BEA, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM**

George H. Wiley appeals pro se the district court’s summary judgment in favor of defendant in his Title VTI action alleging that the Navy withdrew a provisional offer of temporary employment due to his race and in retaliation for the involvement of the Equal Employment Opportunity Commission in a prior case. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, *Delta Sav. Bank v. United States,*265 F.3d 1017, 1021 (9th Cir.2001), and we affirm.

The district court properly granted summary judgment to defendant because the decision to rescind the employment offer to Wiley was made based on security clearance issues and judicial review of such decisions is precluded. *See Brazil v. United States Dep’t of Navy,*66 F.3d 193, 196 (9th Cir.1995).

Whey’s contention that the denial of security clearance was a pretext for discrimination is unavailing. *See Sprewell v. Golden State Warriors,*266 F.3d 979, 988 (9th *568Cir.2001) (this Court need not “accept as true allegations that are merely conclusory, unwarranted deductions of fact, or unreasonable inferences”).

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Notices]
[Page 86896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27642]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL OP-OFA-101]


Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General 
Information 202-564-5632 or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS)
Filed December 4, 2023 10 a.m. EST Through December 11, 2023 10 a.m. 
EST
Pursuant to 40 CFR 1506.9.

    Notice: Section 309(a) of the Clean Air Act requires that EPA make 
public its comments on EISs issued by other Federal agencies. EPA's 
comment letters on EISs are available at: https://cdxapps.epa.gov/cdx-enepa-II/public/action/eis/search.

EIS No. 20230175, Draft, Caltrans, CA, Last Chance Grade Permanent 
Restoration Project, Comment Period Ends: 02/13/2024, Contact: Steve 
Croteau 707-572-7149.
EIS No. 20230176, Draft, USACE, FL, Comprehensive Everglades 
Restoration Plan Western Everglades Restoration Project Draft 
Integrated Project Implementation Report and Environmental Impact 
Statement, Comment Period Ends: 01/29/2024, Contact: Melissa Nasuti 
904-251-9597.
EIS No. 20230177, Draft, BLM, AK, ANCSA 17(d)(1) Withdrawals, Comment 
Period Ends: 02/14/2024, Contact: Racheal Jones 907-290-0307.
EIS No. 20230178, Final, BOEM, NY, Sunrise Wind Project, Review Period 
Ends: 01/16/2024, Contact: Genevieve Brune 703-787-1553.

    Dated: December 12, 2023.
Julie Smith,
Acting Director, NEPA Compliance Division, Office of Federal 
Activities.
[FR Doc. 2023-27642 Filed 12-14-23; 8:45 am]
BILLING CODE 6560-50-P
Chapter 2.4.4. – Infection with Marteilia refringens

Annex 27. Item 6.5.3. – Article 10.11.3. of Chapter 10.11. ‘Infection with TiLV’

CHAPTER 10.11.

INFECTION WITH TILAPIA LAKE VIRUS

[...]

Article 10.11.3.

Measures for the importation or transit of aquatic animal products for any purpose regardless of the infection with TiLV status of the exporting country, zone or compartment

The *aquatic animal products*listed below have been assessed as meeting the criteria for safety of *aquatic animal****products*in accordance with Article 5.4.1. When authorising the importation or transit of these *aquatic animal products*, *Competent Authorities*should not require any sanitary measures related to TiLV, regardless of the TiLV status of *the**exporting country*, *zone*or *compartment*:

1)	~~[~~*aquatic animal products*that have been subjected to a heat treatment sufficient to attain a core temperature of at least ~~56~~60°C for at least ~~five~~120 minutes, or a time/temperature equivalent that inactivates TiLV;

2)	fish *meal* that has been subjected to a heat treatment sufficient to attain a core temperature of at least ~~56~~60°C for at least ~~five~~120 minutes, or a time/temperature equivalent that inactivates TiLV~~] (under study)~~;

3)	fish oil;

4)	fish skin leather.

[...]

____________

WOAH *Aquatic Manual* 2025	8
```

[Congressional Record Volume 158, Number 112 (Wednesday, July 25, 2012)]
[Extensions of Remarks]
[Pages E1324-E1325]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                       DR. JOHN EVANS ATTA MILLS

                                 ______
                                 

                           HON. CORRINE BROWN

                               of florida

                    in the house of representatives

                        Wednesday, July 25, 2012

  Ms. BROWN of Florida. Mr. Speaker, I rise today in remembrance of Dr. 
John Evans Atta Mills, President of the Republic of Ghana. I was 
saddened to hear about the untimely death of President Mills. My 
thoughts, prayers and condolences go to his wife, family and the people 
of Ghana. The World has lost a leader, visionary and champion for 
democracy.
  President Mills pledged his life to education and the betterment of 
his beloved Ghana. He

[[Page E1325]]

was born in July 1944 in the Western Region of Ghana. He was a master 
student who began his schooling at the revered Achimota Secondary 
School in Accra. He later went on to earn his bachelors and law degrees 
from the University of Ghana at Legon in 1967. Upon the completion of 
his PhD in African and Oriental Studies from the University of London, 
President Mills was selected as a Fulbright Scholar at Stanford 
University School of Law.
  After setting a strong foundation he returned home to educate and 
impart his lessons on the youth. President Mills dedicated nearly 
twenty five years to higher academia as a professor in numerous areas 
such as law, tax and African studies. He was passionate about teaching 
and politics. First serving in the capacity of Vice President from 1997 
through 2001, Dr. Mills was sworn in as President and Commander in 
Chief of the Republic of Ghana in January of 2009.
  I join with President Obama and various world leaders as we remember 
President Mills, who was often referred to as a calm politician and 
gentle giant. In 2009, President Obama and the First Family traveled to 
Ghana in his first presidential visit to Sub-Saharan Africa. President 
Obama praised President Mills for making Ghana a ``good news story'' 
that had good democratic credentials. Under the leadership of President 
Mills, the United States and Ghana deepened our partnership in the 
promotion of good governance and economic development.
  President John Evan Atta Mills is credited with leading Ghana through 
a period of stability and economic growth in the midst of unforeseen 
global circumstances. He is quoted in saying ``Every Leader has a 
period of service''. Though his service has come to an unexpected end, 
as we reflect upon his life and legacy, we can appreciate his tireless 
efforts that have come to fruition. A shining star in West Africa, 
Ghana was and still remains a trailblazing nation for the region and 
continent, with its strong tradition of democracy.

                          ____________________
```
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<ARTICLE>                     5
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                                EXHIBIT 27
                          FINANCIAL DATA SCHEDULE

                           TREMONT ADVISERS, INC.
                               SEPTEMBER 30, 1999


THIS SCHEDULE CONTAINS  UNAUDITED SUMMARY FINANCIAL  INFORMATION  EXTRACTED FROM
THE  CONDENSED  FINANCIAL  STATEMENTS  AS OF SEPTEMBER 30, 1999 AND FOR THE NINE
MONTHS THEN ENDED. THIS INFORMATION IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH CONDENSED FINANCIAL STATEMENTS.
</LEGEND>
<CIK>0000880320
<NAME>   Tremont Advisers, Inc.
<MULTIPLIER>                                   1
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<S>                                            <C>
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<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-1-1999
<PERIOD-END>                                   SEP-30-1999
<EXCHANGE-RATE>                                1
<CASH>                                         2,763,400
<SECURITIES>                                   0
<RECEIVABLES>                                  2,977,900
<ALLOWANCES>                                     (35,000)
<INVENTORY>                                    0
<CURRENT-ASSETS>                               5,919,200
<PP&E>                                         1,302,200
<DEPRECIATION>                                  (549,600)
<TOTAL-ASSETS>                                13,135,700
<CURRENT-LIABILITIES>                          3,136,100
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
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<OTHER-SE>                                     9,022,600
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<SALES>                                        0
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<CGS>                                          0
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<OTHER-EXPENSES>                               0
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<INCOME-TAX>                                   1,044,300
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